In terms of the South African Law, there are only two types of marital regimes:
When a couple does not enter into an antenuptial agreement prior to their marriage, they will automatically be married in community of property.
The Matrimonial Property Act allows any couple to apply to the High Court for the amendment of their matrimonial property regime.
However, the following requirements need to be met before any changes can be made to the matrimonial regime:
Once the court is satisfied that the requirements have been met, it will make an order stating that the existing matrimonial property regime no longer applies.
The court will then authorise the change in the couple's matrimonial property regime.
If you and your spouse feel the need to change your matrimonial property regime, contact our attorneys at Van Deventer and Van Deventer Incorporated, who will ensure that the process is expedited as smoothly as possible.
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A customary marriage in South Africa refers to a marriage that is negotiated, concluded or celebrated according to indigenous African customary law.
With customary marriages, there is often some confusion around the legal right to make claims on the matrimonial property after the marriage has ended.
Read More ...Posted by Cor van Deventer on Tuesday, November 5, 2019 Views: 94